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Harper's comments on Omar Khadr 'deplorable': lawyer
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CTV.ca News Staff
Date: Thu. Jul. 10 2008 9:21 PM ET
Prime Minister Stephen Harper said that his government has "no real alternative" to the U.S. legal system in the Omar Khadr case Thursday, setting off a barrage of criticism from lawyers, opposition critics and human right activists.
"I think it's deplorable that he would say that there's nothing to be done," Khadr's U.S, military lawyer, Lt.-Cmdr. William Kuebler told CTV Newsnet. "This Canadian prime minister refuses to stand up to the Bush administration and protect the rights of a Canadian citizen.
"This is a disingenuous comment from the prime minister," Khadr's Canadian lawyer Dennis Edney told The Canadian Press.
"The prime minister, through his cabinet members, particularly Mr. (Peter) MacKay, have long said that they have been assured that Omar Khadr was being well treated, when in fact the Canadian government well knew that was not the case," he said.
The prime minister's comments come a day after explosive new documents suggest Canada was aware of the harsh treatment that Khadr was being subjected to in Guantanamo Bay at the hands of U.S. military interrogators.
But Harper, speaking Thursday in Tokyo, Japan following this week's G8 meetings, said Canada had little say in the situation and has no intention of interfering.
The Foreign Affairs documents released by Khadr's defence team this week show Khadr was visited in 2004 by Canadian officials. They found the then 17-year-old had been deprived of sleep for weeks in an attempt to make him more pliable for interrogation by U.S. agents.
"Every three hours he was moved to a different place. A different cell to disorient him, to make him weak," Edney said.
Alex Neve of Amnesty International Canada told CTV News that people "who have been through it have called it one of the most excruciating types of torture because it just goes on and on."
Harper has distanced his government from the documents. He said former prime minister Paul Martin's government was aware of how Khadr was being treated, but there was little that could have been done.
"The previous government took a whole range, all of the information into account when they made the decision on how to proceed with the Khadr case several years ago,'' he said.
Harper added that Canada: "frankly, has no real alternative'' to the U.S. legal process.
Harper criticized
Liberal foreign affairs critic Bob Rae, who was not part of the Paul Martin government, said on CTV Newsnet that "things got caught up" in the post-9/11 scramble to take direct action against terror suspects by governments.
But he says that time has passed and "it's extremely important for Canadians to take full responsibility for one of our own citizens and insist that he be brought home."
"Other countries have done the same and I can't, quite frankly, explain why Canada didn't do the same, but I think we should, and it's not too late to do that now," he added.
"I think it's time for Mr. Khadr to face justice in Canada."
Edney asked why Harper would criticize China's human rights record but ignore the situation in Guantanamo.
"It boggles my mind that this prime minister is prepared to criticize China over human rights and is prepared to lambaste Mexico for the way its criminal justice system is applied to a Canadian," he said.
"But when you have a young Canadian who is in Guantanamo Bay whom Canadian courts have said has been abused and tortured, our government remains silent."
Kuebler said the U.S. would probably have complied with a request from Harper to have Khadr transferred into Canadian custody -- but the request hasn't been made.
As a result, Kuebler said, any harsh treatment endured by Khadr is Canada's responsibility.
"The Canadian government has continued to hide behind assurances for the U.S. government that Omar Khadr is being treated humanely when it knew that . . . those assurances were false," he said.
The Toronto-born terror suspect is accused of throwing a grenade in 2002 in Afghanistan that killed a U.S. special forces soldier.
Khadr, 15 at the time, was captured and eventually sent to Guantanamo Bay, Cuba, where he has remained ever since.
The son of an alleged al Qaeda financier -- and the only Canadian being held in Gitmo -- Khadr is set to go to trial in October.
According to the reports released by Khadr's defence team, Canadian official Jim Ghould visited Khadr in 2004 and was briefed by U.S. military officials on Khadr's case.
One report says Khadr was moved every three hours for 21 days -- a technique known as the 'frequent flyer program' -- in an attempt to deprive him of sleep and weaken his ability to withstand interrogation.
And a U.S. Air Force report from February 2003 says Khadr wasn't allowed to receive mail from his family in Canada.
When he was finally given a letter from his grandmother, agents watched secretly as the young man broke down in tears.
The same report says Khadr was picked on by other inmates following his interview sessions with officials.
CTV's legal analyst Steven Skurka called the new revelations a "bombshell."
"We've been told repeatedly by the Canadian government he's been treated humanely and now it appears in the face of those statements the Canadian government knew otherwise," Skurka told Canada AM.
He added that the treatment described in the documents "could be called torture, it's certainly inhumane, it's certainly a story that really has to make Canadians wake up and shudder."
With files from The Canadian Press
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I applaud the budget, even though Health Care and education may stay unscathed. Sadly this cannot last and I worry to later this year where cuts will become enviable. If anything, this provides the Wildrose Alliance plenty of ammo when an election is called.


Comments are now closed for this story
m chiu
said
debi
said
we spent how much on that woman in Mexico???
Ashamed Canadian!
said
I DISAGREED! USA are allowed to inference with our sovergity issues aka north passage, defense system, norad, lumber softwood, our own laws as well, they objected with our pot law and our same-sex marriage.
Everytime they had American in trouble in anywhere in world and USA had them returned to homeland instant even from Mexico.
Anyone remember BOUNTY HUNTER DOG? USA inferenced and got a deal that allowed Dog stay in USA while face the trial.
DWB
said
wilson stauffer
said
a ww11 vet
MartinofNS
said
Kadr has probably suffered severe psychological damage since being captured. After being in Gitmo for 6 years he should be excused. Anymore sanctions on him will not help the situation.
However, I do not agree to any government hand-outs to kadr if he is found guilty, just because he was tortured. If he is found innocent i believe that the United States GOV't should have to pay for any damages that Kadr has experienced.
Golf Company Grunt
said
'Pro Patria'
Yuri
said
ogf
said
JJ
said
This PM and this Government is simply an instrument/extension of the US foreign policy (Harper is a Bush puppet).
I used to be a proud Canadian, now I hide my flag!
Dan
said
Casz
said
MHB
said
JAFO
said
Both Australia and GB would undoubtedly do something with their repatriated terrorists, Canada.... not so much. In our case, he would probably get a few million bucks and be set free so he can carry on. I (and a huge number of fellow Canadians) don't want him back here until he's been tried and found innocent. If he's guilty... too bad so sad, the US can keep him. It's amazing how people cry foul when a Canadian goes abroad gets in crap then wants help. How many Canadian Lebanese, or sorry... Lebanese Canadians, stayed in Canada after the fighting was quelled in Lebanon? "Canadian" should be more than just a title of convenience.
American Derangement Syndrome
said
Put your ADS (American Derangement Syndrome) aside for a minute and think logically.
This is not about a woman stuck in a Mexican jail.
It's not about Americans commenting on our laws. They cannot tell us how to formulate our laws but can tell us of potential trade and customs/border headaches we could face. Re: Pot laws for example. That's their right. It's THEIR country.
It's about a guy who was a trained jihadist who's charged of having killed a US soldier.
What would be your reaction if it had been a Canadian soldier?
Unfortunately I have no comparison to use to see if Terrorist's treatment of their prisoners is any better than the Americans because THEY TAKE NO PRISONERS! They simply kill them and that's often after torturing them and I'm not talking about sleep depravation here.
Wise Wajid
said
J.C.
said
We cannot assume innocence because his lawyers say so. We do not have the whole story, nor do we have the whole story re what our government has done or tried to do etc. It is unfortunate for Khadr that he was born the son of an alqaeda financier and supporter as it is not likely he had much choice in the events that took place. Unfortunately many countries do not have the same laws for minors as we do in Canada. One might say his parents are to blame moreso than our government as in this case,they are the ones that placed many terrorist belief's in his head, and as a child he would believe or do as his parents wished.
Naturally his lawyer would try to make an issue about our government in order to attain help to get him off,or lesson his sentence should he be found guilty thus the media attention etc.
He is "a prisoner of war" per say, having joined the enemies cause. His quilt or innocence should be determined by a court of justice, and not by the media or its readers.However, I believe the time for the matter to come to court has been unacceptably too long.
George
said
From the little bit of conflicting information the US has released, we have limited understanding of what actually happened the day he was captured.
Let's remember the rule of law... Innocent until proven guilty and youth justice.
Most of us have very little understanding of the situation in Uganda and other countries, but we sympathize with child soldiers and assume they are forced to do their horrid acts. In Khadr's case, many assume we have full understanding and have no sympathy for him.
The American/Bush record for telling the truth related to terrorism is dismal at best. Let's bring this boy home and have a fair trial.
This is beyond disgraceful
said
This is shameful!! Guantanamo Bay is a disgrace to the very principal concepts of justice we as a society should be fighting tooth and nail to uphold.
Yo Harper - you and Stockwell Day and Peter Mackay are really pushing your luck by being flagrant Bush toadies. A lot of us Canadians are getting really,REALLY sick of this and we're going to vote you out as soon as we can.
Come on Canada - we can do a lot better than this!!
PJR
said
Mary Ann
said
Darcy O'Neil
said
Terrorist or not, he was 16 years old when this happened and was probably heavily influenced / manipulated.
As Canadians we need to consider this, and do something about it.
Proud & Patriotic
said
P. F. Murphy
said
Why do we care about Khadr? Because we believe in justice and the rights of Canadian citizenship. We've fought wars on this or at least those of us who believe in freedom, truth and honour.
Rob O
said
Vince M
said
What a bunch of wet noodles we have become. Terrorists must be laughing at us.
Alexander Yiu
said
dk
said
The media needs to stop being apologists for the terrorists. The terrorists whether Canadian or not, have caused us enough grief running roughshod over our own laws. It's about time they get what they deserve.
also ashamed
said
Civilized Country?
said
What other countries realize is that it is a dangerous precedent and it is a clear violation of a Canadian's rights. Take the name off of it and see it for what it is or we will begin to lose our civilized society. It can happen much quicker than any of us would like to think. Human rights should not be discretionary based on an individual's status. What the government is saying is that they should be discretionary. I remember the old days when we used to condemn the former Soviet Union for these types of things - and it wasn't very long ago.
Perhaps we should start testing taser guns on homeless people?
Denise
said
MD
said
Were these men also war criminals???
Paul
said
Prime Minister should resign? Idiotic statement!
bunny
said
north4623
said
We Dare
said
I suppose that what the terrorists did on 911, by killing over 3000 ppl as they were working in the Twin Towers and the Pentagon were all so innocent of any crimes.
And the human rights abuses that continued for decades in Afghanistan, Iran etc., we can over look those, because that's just their culture. Right?
How we tend to see with only tunnel vision and not the whole big picture.
Ken
said
said
Brad
said
Now he's getting the mean treatment...I'm not loosing any sleep about it.
Chris
said
The Charter of Rights and Freedoms applies to Canadians IN Canada. It doesn't apply to anyone outside of our borders.
Scott Curda
said
There are three articles that particularly apply:
Article 5 - No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
Article 10 - Everyone is entitled to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.
Article 15(1) Everyone has the right to a nationality. (2) No one shall be arbitrarily deprived of his nationality nor denied to right to change his nationality.
We know he's been tortured. We know that even his American appointed lawyers question the fairness of his upcoming trial. The last time I checked, he was still a Canadian citizen.
We were a major player in the drafting of this declaration. It would be nice to think that the government would stand up for the rights of its citizens, especially when it is not convenient for them to do so.
Even if you don't like Khadr's politics, he is a Canadian and we should be dealing with him.
Justin
said
John
said
He does not fit the profile of a terrorist, nor was he engaged in terrorist activities. He was a Taliban foot soldier, not one of OBL's trained terrorists. There is a huge difference.
He is alleged to have killed an American soldier. Alleged means we must give him the benefit of the doubt despite Bush labelling him an 'enemy combatant' -whatever that means. Even if the US doesn't care to respect his rights to the presumption of innocence, we should without fail.
Lastly, come on, what would you do, all things being equal? Don't just say you wouldn't have been there, we know that already. But given that you were scared and wounded and US soldiers had traveled 8000 miles to focus their military might and wrath on you, don't you think maybe you'd fight back if you could.
That's all he was doing; he was fighting back against the invader. He was a soldier fighting for something he believed in. That's something I doubt any of his critics have EVER done!
Harper and Bush, and all who condemn and criticize this poor, mixed-up, courageous kid, should be ashamed of themselves.
Sandra
said
Slippery Slope
said
Also recognize, there has been sufficient evidence now surfacing that offers major doubt about the "story" we've been told to date.
I'm not quite sure how this child soldier was denied the International agreed upon considerations for a child soldier.
Wishing true Canadian Va;ues still existed
said
Now for those who are nothing but arm chair generals and diplomats who have never seen combat I wish there was a government program where your travel would be paid for by the taxes payer to shed some light on your neolithic views when it comes to child soldiering. You would be escorted around the Uganda, Congo, Somalia, Seirra Leonne by the tuff of your hair so you would be able to see first hand how I child becomes a killing machine, then maybe you would have earned the right to comment on the future of a boy.
And to Golf Company Grunt I have pounded sand in the dirtbox and thats why were are the sharp end of the sphere cause with our biased attitudes we are not in a position to make public policey...
You should all go back and read MD's post he truly is a man of the times.
Lart from Above
said
The evidence against Khadr may be falsified; even if it's real, he's entitled to a trial for whatever crimes he may have committed. He was certainly a child at the time of his arrest and should not be tried as an adult for whatever crimes the US thinks he may be guilty of. His only crime may have been to be where his parents took him.
This should not be a political issue. Protecting the legal rights of citizens should be the routine work of any government. When the next president comes into office, it would be a great embarrassment for Canada if we were the only country that cared about the Guantanamo prisoners even less than the United States does.
NO TIME FOR TERRORISTS YOUNG OR OLD
said
M
said
Khadr was not a 'child soldier'. A child soldier is a boy who is raised in a good family with good beliefs and is kidnapped, forced to commit horrible crimes, and then needs help to overcome the trials of the ordeal if he escapes.
Terrorist do not deserve sympathy from Canadians.
Alex Y
said
Thanks for your comment. There is some case law that supports the extra-territorial application of the Charter in cases of cross-border investigations that involves Canadian officials on foreign soil. Some might argue the Charter would apply in this case to Khadr, as CSIS officials did, as I understand, interview Khadr in Guantanamo. I would say though that the application of the Charter in extra-territorial situations is very much fact driven and not generally the law in Canada.
dwayne-ottawa
said
John
said
But he didn't join the war against the US. He was there when the war started, there's a difference.
You are right also about an American getting killed and Khadr getting caught, although there is no proof of any connection.
Lastly, he hasn't been charged with murder. That is the whole point of the disgrace of Gitmo. The detainees are being held without charge for too long.
My god, a German submarine commander reunites with the survivors of the crew of the Esquimault that he sank off the coast of Newfoundland near the end of WWII - a terrorist act if ever there was one! Doesn't that tell you anything about the true nature of enemy combatants?
We have to care about getting things right and doing the right thing, even if it means losing a little sleep.
Karen
said
Even if we disregard his age, the Geneva Convention has guidelines for the treatment of enemy combatents. If the 'enemy' captures our soldier we want international laws followed.
Our PM should be encouraging the US to do the same.
TC
said
Cympl
said
The media cares, many people commenting on this story care, you care (hence your comment).
Dave
said
les
said
We can only sit and wait for the outcome.
My guess is that he'll be given a sweet
ten million of our tax payer dollars any day.
For all those U.S.A.
haters/bashers out there,give it a rest.They are not going
away.
Dave
said
WestCoaster
said
At this point, Mr. Khadr is still an ALLEGED terrorist. Ironically, he will have much more protection from torture and inhumane treatment by US authories once he is "convicted" by their self-justifying, injustice system.
I can understand why the USA refuses to recognize the International Court of Justice, fearing its citizens might be held accountable for their actions.
CDM
said
MD - Americans in the RAF war criminals? No. Americans in the Luftwaffe? What do you think?
Jesse
said
Sven
said
PROTIP: The Geneva Convention only protects state-sanctioned UNIFORMED soldiers.
These 'soldiers' aren't state-sanctioned, nor do they wear uniforms. Look it up if you don't believe me. Iraqi Insurgents, under the letter of the Geneva Convention, are NOT protected by it.
Andrew
said
Teri
said
Come on people
said
Please keep in mind - WW2 lasted less time than this endeavor will, and 45000 Canadians died.
This Afghanistan endeavor only has 80-odd Canadians dead (needlessly).
Why keep comparing them? It's not fair to the basic concept of reality and war-related mortality. It's like comparing 9/11 to The Holocaust. It's an injustice to keep comparing small potatoes to comparably massive and awful historical realities.
STOP IT
Give this boy a fair trial!! He's suffered enough for bad choices that arguably aren't even his own.
Sean in Vancouver
said
And we will be found guilty of prostituting out a child for years of torture simply because of a few harsh opinions and a powerful ally who was desperate to relieve some tension, to show some progress in a war that cannot be declared to anyone except to a bouquet of microphones and the lustfully gazing cameras of the media.
It's all manufactured to try to hide the fact tha, to people like Harper and Bush and Bin Laden, the rallying cry is always the same: "Damn Justice, for it was denied to my peers in times gone by--I don't care to see whether it is properly delivered or not to those who are not my peers! What's more important is that I now have cause for seeking vengeance!"
The brand of Justice being meted out to Khadr is nothing more than a miscarriage of it. Sure, you can point at a few of it's bloody organs ("A soldier is dead!"; "This boy here was in the vicinity!"; "His family has consistently said some really controversial and hurtful things!") but this emotional soup is clearly doomed, not viable.
And, in the end, it's Canada's flag that will be used to mop it up. Look, there are many fresh spatters on it already. Is our flag not Harper's bib?
RRO
said
RRO
said
When these organizations have not signed the Geneva Convention they don't get to enjoy its protection. They have targeted civilians, and beheaded captives both are in countervention to the protical.
All of you questiong wheather Kahdar is guilty, here is a question, why was he found in Afganistan if he is 15 years old and a Canadian citizen...hmmm.
JJ
said